HOURS OF SHOPS

New Zealand Herald, Volume LXXVI, Issue 23425, 15 August 1939, Page 8

HOURS OF SHOPS

TIMES IN AWARDS DOUBT ABOUT VALIDITY THE MAGISTRATE'S POWERS POSITION TO BE REMEDIED [by TELEGRAPH —I'IIESS association] WELLINGTON, Monday Decisions of the industrial magistrate, Mr. J. A. Gilmour, affecting the Shops and Offices Act are said to bo ultra vires. It is believed the question of Mr. Gilmour'3 power to fix closing hours of shops in awards liaS been raised in official circles. The Government is understood to be taking steps to remedy the position. As industrial magistrate, Mr. Gilmour has certain powers delegated to him by the Court of Arbitration, and his rulings under the Industrial Conciliation and Arbitration Act are binding. It is understood, however, that he has no power to make any decisions undo, the Shops and Offices Act. No Obligation on Proprietor With the knowledge that those clauses arc ultra vires, a few shopkeepers arc said to bo taking advantage of the unusual position. Although employees are still bound by clauses in awards made by Mr. Gilmour, there is apparently no obligation on the proprietor of a business to close his premises at the time specified in the award, provided the employees do not remain after the time stipulated for finishing work. Hairdressing Saloons A case in point is the closing time for hairdressing saloons in the A\ cllington metropolitan area. Jobacconists shops are permitted to remain open until 8 p.m. on ordinary week days, but according to the award saloons must not remain open after G p.m. It is understood that in one or two isolated cases proprietors who themselves arc hairdressers are attending to customers in the saloon after 0 p.m. and after employees bound by the terms of the award have finished work for the day. The question is also raised of whether a magistrate has power to question the validity of an awqrd made by Mr. Gilmour, and if a clause is ultra vires whether it should not be declared so in the Supreme Court in appropriate proceedings.